Ukraine Law Day in London: Supreme Court judge joins discussion of legal challenges related to Russian aggression

Olena Kibenko, Judge of the Commercial Cassation Court within the Supreme Court, delivered an online speech at the Ukraine Law Day, which was dedicated to the conclusion of the Centenary Partnership Agreement between Ukraine and the United Kingdom of Great Britain and Northern Ireland and organised by the Law Society of England and Wales with the support of the Embassy of Ukraine in the United Kingdom, the Ministry of Justice of the United Kingdom, the Ukrainian Bar Association, the National Bar Association of Ukraine and the Spilka legal community. The event was attended by over 170 Ukrainian and British lawyers who discussed the key legal challenges of our time. In particular, they discussed compensation for damages caused by the war, the participation of lawyers in the reconstruction of Ukraine, the restoration of the energy sector, as well as family law issues for families separated by the war.

In her presentation on the application of foreign law by Ukrainian commercial courts, Olena Kibenko noted that Ukraine's recovery is impossible without the active participation of international investors. Foreign capital, experience and technology are crucial to rebuild our infrastructure, industry and economy. This will lead to an increase in the number of contracts governed by foreign law. Therefore, it is important to strengthen the institutional capacity of commercial courts, in particular in the application of foreign law in dispute resolution.

The speaker drew the attention of the audience to two initiatives in the field of international cooperation implemented with the participation of the Supreme Court (the Commercial Cassation Court within the Supreme Court) - participation in the Standing International Forum of Commercial Courts (SiFoCC) and the UK-Ukraine programme to strengthen the institutional capacity of commercial courts.

She noted that platforms such as the SIFoCC provide invaluable opportunities for hands-on learning for judges who regularly deal with foreign law. In 2024, Ukraine became the 58th jurisdiction to join the SIFoCC. This membership has opened up many valuable opportunities for the development of commercial jurisdiction. For example, in June 2025, two Ukrainian judges will participate in the SIFoCC observation programme in London. During the week, they will observe the work of judges of the London Commercial Court and exchange views on practical and theoretical issues.

In addition, the judge said that in cooperation with the British Institute of International and Comparative Law (BIICL) and with the support of the UK Ministry of Justice, the Foreign, Commonwealth and Development Office and the British Embassy in Ukraine, a special training programme for commercial court judges will be launched. The programme, which will consist of 10 weeks of online sessions and one live session, will provide a unique opportunity for dialogue between UK and Ukrainian judges and help Ukrainian judges improve their skills in commercial dispute resolution and enforcement, which is crucial to Ukraine's recovery and future integration into the global legal community.